Goutam Bhaduri, J. - (1.) Challenge made in this petition is to the order dated 12.04.2005 (Annexure P-7) issued by the State of Chhattisgarh. The said letter was addressed to the Collector wherein the Collector was permitted to take possession of land of 100 acres from the Food Corporation and was further permitted to deposit premium of Rs.2,91,60,000/- and the land revenue of Rs.14,58,000/-. The letter purports that the Food Corporation holds the land ad-measuring 111.61 acres at village Kapa, Patwari Halka No.109. Out of the said land, 100 acres of land was to be given to the Chhattisgarh Housing Board and 11.61 acres was to be kept with the Food Corporation. It further purports that the lay out would be prepared by the Housing Board for the total extent of land of 111.61 acres including the land of 11.61 acres which was to be kept reserved for the Food Corporation. The letter further purports that in lieu of the land received by the Chhattisgarh Housing Board, the Board will give the government land of about 70 acres situated at village Sejbahar P.H. No. 119, for which the allotment would be made to the Food Corporation at the expense of the Housing Board. It further purports that according to the guidelines 2004-2005, the price of both the lands would be fixed and the roads would be developed on it.
(2.) The Food Corporation of India (petitioner herein) has challenged the aforesaid direction issued by the State. The ground of challenge, as pleaded, is that the Petitioner Corporation is a body corporate and is constituted under the Food Corporation Act, 1964 and the general superintendence, direction and management of the affairs and business of the Corporation vests in the Board of Directors which exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under the aforesaid Act. It further purports that as per section 37 of the Act, the FCI may delegate the powers by general or special order to the Chairman or any other Member of the Board of Director or the Secretary or other Officer of the Corporation with certain conditions and limitation as may be specified in the Order, as it may deem necessary. The further pleading has been made to the effect that pursuant thereto, the delegation of power was made to the Managing Director for purchase of land/acquisition as on 31.03.1993, which implies that no officer other lower than the rank of the Managing Director can purchase or acquire the land on behalf of the Petitioner.
(3.) Further the pleadings have been made that the Corporation has purchased the land of 111.61 acres from defence and some part of it was purchased from the State at village Kapa in the year 1995-1996 for construction of grain storage depots and the entire land is surrounded by the boundary wall at a length around of 3 Kms, having different offices located therein. It is further stated that the lands were purchased by the FCI keeping in view of the further operational activities of the FCI, which includes nearby Railway siding and vehicular traffic which brings the food grains for the storage in the premises of the petitioner.;